By V. Hugh Lewis II, publisher
The Herald recently held a live Q&A session with Marion County Judge Leward LaFleur and the question of custody visitation rights was brought up. The Herald reached out to County and District Attorney Angela Smoak for guidance.
Smoak said while she now only deals directly with Child Protective Services (CPS) cases, the Texas Supreme Court (TSC) issued two Orders regarding visitation rights.
“that parents need to try and reach some type of agreement during the shelter in place orders that is best for the safety of the child and the parents,” said Smoak. “Currently CPS supervised visitation has been suspended and only Skype and FaceTime and other similar video communication systems are being used. In general, parents are to operate as if school is in session in interpreting visitation orders, but that was provided prior to yesterday’s announcement by Governor Abbott.”
TSC Order 20-9050, states:
3. Possession of an access to a child shall not be affected by any shelter-in-place order, or other order restricting movement issued by a governmental entity that arises from an epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemic.
TSC Order 20-9050 see below, https://www.txcourts.gov
4. Nothing herein prevents parties from altering a possession schedule by agreement if allowed by their court order, or courts modifying their orders on an emergency basis or otherwise.
5. Effective March 24-May 8 unless extended by Chief Justice of the Supreme Court.
TSC Order 20-9043 further states:
This order applies to and clarifies possession schedules in Suits Affecting the Parent-Child Relationship. For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from and epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemic.
TSC Order 20-9043 see below, https://www.txcourts.gov
Marion County Judge LaFleur added to this by saying parents with questions should reach out to their attorney or the court which issued the order for further guidance. LaFleur also reminded parents that if visitation required crossing the Louisiana State Line, they should contact TxDPS and the court for guidance and documentation requirements.
The Orders follow: